Appendix I
The City University of New York
Policy on Acceptable Use of Computer Resources
Introduction
CUNY’s computer resources are dedicated to the support of the university’s mission of
education, research and public service. In furtherance of this mission, CUNY respects,
upholds and endeavors to safeguard the principles of academic freedom, freedom of
expression and freedom of inquiry.
CUNY recognizes that there is a concern among the university community that because
information created, used, transmitted or stored in electronic form is by its nature
susceptible to disclosure, invasion, loss, and similar risks, electronic communications and
transactions will be particularly vulnerable to infringements of academic freedom.
CUNY’s commitment to the principles of academic freedom and freedom of expression
includes electronic information. Therefore, whenever possible, CUNY will resolve doubts
about the need to access CUNY computer resources in favor of a user's privacy interest.
However, the use of CUNY computer resources, including for electronic transactions and
communications, like the use of other university-provided resources and activities, is
subject to the requirements of legal and ethical behavior. This policy is intended to
support the free exchange of ideas among members of the CUNY community and between
the CUNY community and other communities, while recognizing the responsibilities and
limitations associated with such exchange.
Applicability
This policy applies to all users of CUNY computer resources, whether affiliated with
CUNY or not, and whether accessing those resources on a CUNY campus or remotely.
This policy supersedes the CUNY policy titled “CUNY Computer User
Responsibilities” and any college policies that are inconsistent with this policy.
Definitions
“CUNY Computer resources” refers to all computer and information technology
hardware, software, data, access and other resources owned, operated, or contracted by
CUNY. This includes, but is not limited to, personal computers, handheld devices,
workstations, mainframes, minicomputers, servers, network facilities, databases, memory,
and associated peripherals and software, and the applications they support, such as email and access to the internet.
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“E-mail” includes point-to-point messages, postings to newsgroups and listservs, and
other electronic messages involving computers and computer networks.
Rules for Use of CUNY Computer Resources
1.
Authorization. Users may not access a CUNY computer resource without
authorization or use it for purposes beyond the scope of authorization. This
includes attempting to circumvent CUNY computer resource system protection
facilities by hacking, cracking or similar activities, accessing or using another
person’s computer account, and allowing another person to access or use the
user’s account. This provision shall not prevent a user from authorizing a
colleague or clerical assistant to access information under the user’s account on the
user’s behalf while away from a CUNY campus or because of a disability. CUNY
computer resources may not be used to gain unauthorized access to another
computer system within or outside of CUNY. Users are responsible for all
actions performed from their computer account that they permitted or failed to
prevent by taking ordinary security precautions.
2.
Purpose. Use of CUNY computer resources is limited to activities relating to the
performance by CUNY employees of their duties and responsibilities. For
example, use of CUNY computer resources for private commercial or not-forprofit business purposes, for private advertising of products or services, or for
any activity meant solely to foster personal gain, is prohibited. Similarly, use of
CUNY computer resources for partisan political activity is also prohibited.
Except with respect to CUNY employees other than faculty, where a supervisor
has prohibited it in writing, incidental personal use of computer resources is
permitted so long as such use does not interfere with CUNY operations, does not
compromise the functioning of CUNY computer resources, does not interfere with
the user’s employment or other obligations to CUNY, and is otherwise in
compliance with this policy.
3.
Compliance with Law. CUNY computer resources may not be used for any
purpose or in any manner that violates CUNY rules, regulations or policies, or
federal, state or local law. Users who engage in electronic communications with
persons in other states or countries or on other systems or networks may also be
subject to the laws of those other states and countries, and the rules and policies
of those other systems and networks. Users are responsible for ascertaining,
understanding, and complying with the laws, rules, policies, contracts, and
licenses applicable to their particular use.
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Examples of applicable federal and state laws include the laws of libel, obscenity
and child pornography, as well as the following:
Family Educational Rights and Privacy Act
Electronic Communications Privacy Act
Computer Fraud and Abuse Act
New York State Freedom of Information Law
New York State Law with respect to the confidentiality of library records
Examples of applicable CUNY rules and policies include the following:
Sexual Harassment Policy
Policy on Maintenance of Public Order
Web Site Privacy Policy
Gramm-Leach-Bliley Information Security Program
University Policy on Academic Integrity
Information Security policies
4.
Licenses and Intellectual Property. Users of CUNY computer resources may
use only legally obtained, licensed data or software and must comply with
applicable licenses or other contracts, as well as copyright, trademark and other
intellectual property laws.
Much of what appears on the internet and/or is distributed via electronic
communication is protected by copyright law, regardless of whether the copyright
is expressly noted. Users of CUNY computer resources should generally assume
that material is copyrighted unless they know otherwise, and not copy, download
or distribute copyrighted material without permission unless the use does not
exceed fair use as defined by the federal Copyright Act of 1976. Protected
material may include, among other things, text, photographs, audio, video, graphic
illustrations, and computer software.
5.
False Identity and Harassment. Users of CUNY computer resources may not
employ a false identity, mask the identity of an account or computer, or use
computer resources to engage in abuse of others, such as sending harassing,
obscene, threatening, abusive, deceptive, or anonymous messages within or
outside CUNY.
6.
Confidentiality. Users of CUNY computer resources may not invade the
privacy of others by, among other things, viewing, copying, modifying or
destroying data or programs belonging to or containing personal or confidential
information about others, without explicit permission to do so. CUNY
employees must take precautions to protect the confidentiality of personal or
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confidential information encountered in the performance of their duties or
otherwise.
7.
8.
Integrity of Computer Resources. Users may not install, use or develop
programs intended to infiltrate or damage a computer resource, or which could
reasonably be expected to cause, directly or indirectly, excessive strain on any
computing facility. This includes, but is not limited to, programs known as
computer viruses, Trojan horses, and worms. Users should consult with the IT
director at their college before installing any programs that they are not sure are
safe.
Disruptive Activities. CUNY computer resources must not be used in a manner
that could reasonably be expected to cause or does cause, directly or indirectly,
unwarranted or unsolicited interference with the activity of other users. This
provision explicitly prohibits chain letters, virus hoaxes or other intentional e-mail
transmissions that disrupt normal e-mail service. Also prohibited are spamming,
junk mail or other unsolicited mail that is not related to CUNY business and is
sent without a reasonable expectation that the recipient would welcome receiving
it, as well as the inclusion on e-mail lists of individuals who have not requested
membership on the lists, other than the inclusion of members of the CUNY
community on lists related to CUNY business. CUNY has the right to require
users of CUNY computer resources to limit or refrain from other specific uses if,
in the opinion of the IT director at the user’s college, such use interferes with
efficient operations of the system, subject to appeal to the President or, in the
case of central office staff, to the Chancellor.
9.
CUNY Names and Trademarks. CUNY names, trademarks and logos belong to
the university and are protected by law. Users of CUNY computer resources
may not state or imply that they speak on behalf of CUNY or use a CUNY name,
trademark or logo without authorization to do so. Affiliation with CUNY does
not, by itself, imply authorization to speak on behalf of CUNY.
10.
Security. CUNY employs various measures to protect the security of its
computer resources and of users’ accounts. However, CUNY cannot guarantee
such security. Users are responsible for engaging in safe computing practices such
as guarding and not sharing their passwords, changing passwords regularly, logging
out of systems at the end of use, and protecting private information, as well as for
following CUNY’s Information Security policies and procedures. Users must
report incidents of Information Security policy non-compliance or other security
incidents to CUNY’s Chief Information Officer and Chief Information Security
Officer, and the IT director at the affected user’s college.
11.
Filtering. CUNY reserves the right to install spam, virus and spyware filters and
similar devices if necessary in the judgment of CUNY’s Office of Information
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Technology or a college IT director to protect the security and integrity of CUNY
computer resources. Notwithstanding the foregoing, CUNY will not install filters
that restrict access to e-mail, instant messaging, chat rooms or websites based
solely on content.
12.
Confidential Research Information. Principal investigators and others who use
CUNY computer resources to store or transmit research information that is
required by law or regulation to be held confidential or for which a promise of
confidentiality has been given, are responsible for taking steps to protect
confidential research information from unauthorized access or modification. In
general, this means storing the information on a computer that provides strong
access controls (passwords) and encrypting files, documents, and messages for
protection against inadvertent or unauthorized disclosure while in storage or in
transit over data networks. Robust encryption is strongly recommended for
information stored electronically on all computers, especially portable devices
such as notebook computers, Personal Digital Assistants (PDAs), and portable
data storage (e.g., memory sticks) that are vulnerable to theft or loss, as well as
for information transmitted over public networks. Software and protocols used
should be reviewed and approved by CUNY’s Office of Information Technology.
13.
CUNY Access to Computer Resources.
CUNY does not routinely monitor, inspect, or disclose individual usage of its
computer resources without the user’s consent. In most instances, if the
university needs information located in a CUNY computer resource, it will simply
request it from the author or custodian. However, CUNY IT professionals and
staff do regularly monitor general usage patterns as part of normal system
operations and maintenance and might, in connection with these duties, observe
the contents of web sites, e-mail or other electronic communications. Except as
provided in this policy or by law, these individuals are not permitted to seek out
contents or transactional information, or disclose or otherwise use what they have
observed. Nevertheless, because of the inherent vulnerability of computer
technology to unauthorized intrusions, users have no guarantee of privacy during
any use of CUNY computer resources or in any data in them, whether or not a
password or other entry identification or encryption is used. Users may expect
that the privacy of their electronic communications and of any materials contained
in computer storage in any CUNY electronic device dedicated to their use will not
be intruded upon by CUNY except as outlined in this policy.
CUNY may specifically monitor or inspect the activity and accounts of individual
users of CUNY computer resources, including individual login sessions, e-mail and
other communications, without notice, in the following circumstances:
a. when the user has voluntarily made them accessible to the public, as by
posting to Usenet or a web page;
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b. when it is reasonably necessary to do so to protect the integrity, security,
or functionality of CUNY or other computer resources, as determined by
the college chief information officer or his or her designee, after
consultation with CUNY’s chief information officer or his or her designee;
c. when it is reasonably necessary to diagnose and resolve technical problems
involving system hardware, software, or communications, as determined
by the college chief information officer or his or her designee, after
consultation with CUNY’s chief information officer or his or her designee;
d. when it is reasonably necessary to protect CUNY from liability, or when
failure to act might result in significant bodily harm, significant property
loss or damage, or loss of significant evidence, as determined by the college
president or a vice president designated by the president, after
consultation with the Office of General Counsel and the Chair of the
University Faculty Senate (if a CUNY faculty member’s account or
activity is involved) or Vice Chair if the Chair is unavailable;
e. when there is a reasonable basis to believe that CUNY policy or federal,
state or local law has been or is being violated, as determined by the college
president or a vice president designated by the president, after
consultation with the Office of General Counsel and the Chair of the
University Faculty Senate (if a CUNY faculty member’s account or
activity is involved) or Vice Chair if the Chair is unavailable;
f. when an account appears to be engaged in unusual or unusually excessive
activity, as indicated by the monitoring of general activity and usage
patterns, as determined by the college president or a vice president
designated by the president and the college chief information officer or his
or her designee, after consultation with CUNY’s chief information officer
or his or her designee, the Office of General Counsel, and the Chair of the
University Faculty Senate (if a CUNY faculty member’s account or
activity is involved) or Vice Chair if the Chair is unavailable; or
g. as otherwise required by law.
In those situations in which the Chair of the University Faculty Senate is to be
consulted prior to monitoring or inspecting an account or activity, the following
procedures shall apply: (i) the college president shall report the completion of
the monitoring or inspection to the Chair and the CUNY employee affected, who
shall also be told the reason for the monitoring or inspection, except where
specifically forbidden by law; and (ii) if the monitoring or inspection of an account
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or activity requires physical entry into a faculty member’s office, the faculty
member shall be advised prior thereto and shall be permitted to be present to
observe, except where specifically forbidden by law.
A CUNY employee may apply to the General Counsel for an exemption from
some or all of the circumstances under which CUNY may inspect and monitor
computer resource activity and accounts, pursuant to subparagraphs (a)-(f) above,
with respect to a CUNY computer resource used solely for the collection,
examination, analysis, transmission or storage of confidential research data. In
considering such application, the General Counsel shall have the right to require
the employee to affirm in writing that the computer resource will be used solely
for the confidential research. Any application for exemption should be made
prior to using the computer resource for the confidential research.
CUNY, in its discretion, may disclose the results of any general or individual
monitoring or inspection to appropriate CUNY personnel or agents, or law
enforcement or other agencies. The results may be used in college disciplinary
proceedings, discovery proceedings in legal actions, or otherwise as is necessary to
protect the interests of the University.
In addition, users should be aware that CUNY may be required to disclose to the
public under the New York State Freedom of Information Law communications
made by means of CUNY computer resources in conjunction with University
business.
Any disclosures of activity of accounts of individual users to persons or entities
outside of CUNY, whether discretionary or required by law, shall be approved by
the General Counsel and shall be conducted in accordance with any applicable law.
Except where specifically forbidden by law, CUNY employees subject to such
disclosures shall be informed promptly after the disclosure of the actions taken
and the reasons for them.
The Office of General Counsel shall issue an annual statement of the instances of
account monitoring or inspection that fall within categories (d) through (g) above.
The statement shall indicate the number of such instances and the cause and result
of each. No personally identifiable data shall be included in this statement.
See CUNY’s Web Site Privacy Policy for additional information regarding data
collected by CUNY from visitors to the CUNY website at www.cuny.edu.
14.
Enforcement. Violation of this policy may result in suspension or termination of
an individual’s right of access to CUNY computer resources, disciplinary action
by appropriate CUNY authorities, referral to law enforcement authorities for
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criminal prosecution, or other legal action, including action to recover civil damages
and penalties.
Violations will normally be handled through the university disciplinary procedures
applicable to the relevant user. For example, alleged violations by students will
normally be investigated, and any penalties or other discipline will normally be
imposed, by the Office of Student Affairs.
CUNY has the right to temporarily suspend computer use privileges and to
remove from CUNY computer resources material it believes violates this policy,
pending the outcome of an investigation of misuse or finding of violation. This
power may be exercised only by the President of each college or the Chancellor.
15.
Additional Rules. Additional rules, policies, guidelines and/or restrictions may
be in effect for specific computers, systems, or networks, or at specific computer
facilities at the discretion of the directors of those facilities. Any such rules which
potentially limit the privacy or confidentiality of electronic communications or
information contained in or delivered by or over CUNY computer resources will
be subject to the substantive and procedural safeguards provided by this policy.
16.
Disclaimer. CUNY shall not be responsible for any damages, costs or other
liabilities of any nature whatsoever with regard to the use of CUNY computer
resources. This includes, but is not limited to, damages caused by unauthorized
access to CUNY computer resources, data loss, or other damages resulting from
delays, non-deliveries, or service interruptions, whether or not resulting from
circumstances under the CUNY’s control.
Users receive and use information obtained through CUNY computer resources at
their own risk. CUNY makes no warranties (expressed or implied) with respect to
the use of CUNY computer resources. CUNY accepts no responsibility for the
content of web pages or graphics that are linked from CUNY web pages, for any
advice or information received by a user through use of CUNY computer
resources, or for any costs or charges incurred by a user as a result of seeking or
accepting such advice or information.
CUNY reserves the right to change this policy and other related policies at any
time. CUNY reserves any rights and remedies that it may have under any
applicable law, rule or regulation. Nothing contained in this policy will in any
way act as a waiver of such rights and remedies.
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